Article 24.--LICENSURE OF VEHICLE SALES AND MANUFACTURE
8-2431.Same; exemption for manufacturers with dispute resolution
procedures.
The provisions of K.S.A. 8-2430, and amendments thereto, shall not apply to
any proposed
establishment of an additional new motor vehicle dealer, including a
supplemental place of business, or relocation of an
existing new motor vehicle dealer, as the case may be, if a manufacturer,
distributor or factory
branch provides a dispute resolution mechanism for the establishment of an
additional new motor vehicle dealer or supplemental place of business or
for relocating a new motor vehicle
dealer which meets the following criteria:
(a) The decision makers under the dispute resolution mechanism shall either
be:
(1) Independent and not employed by, or affiliated with the manufacturer,
distributor, factory branch or dealers if there is no specific process reached
by prior agreement between the protesting dealer and the manufacturer,
distributor or factory branch; or
(2) an individual or panel selected by a process mutually agreeable to the
protesting dealer and the manufacturer, distributor or factory branch under the
terms of the franchise agreement between them.
(b) There is a standard for deciding such cases under the terms of the
dispute resolution process which allows a protesting dealer to include evidence
on impact upon the existing dealers in addition to any other factors expressly
or implicitly considered under the mechanism.
History: L. 1991, ch. 32, § 2;
L. 1994, ch. 302, § 9; July 1.
Article 24.--LICENSURE OF VEHICLE SALES AND MANUFACTURE
8-2431.Same; exemption for manufacturers with dispute resolution
procedures.
The provisions of K.S.A. 8-2430, and amendments thereto, shall not apply to
any proposed
establishment of an additional new motor vehicle dealer, including a
supplemental place of business, or relocation of an
existing new motor vehicle dealer, as the case may be, if a manufacturer,
distributor or factory
branch provides a dispute resolution mechanism for the establishment of an
additional new motor vehicle dealer or supplemental place of business or
for relocating a new motor vehicle
dealer which meets the following criteria:
(a) The decision makers under the dispute resolution mechanism shall either
be:
(1) Independent and not employed by, or affiliated with the manufacturer,
distributor, factory branch or dealers if there is no specific process reached
by prior agreement between the protesting dealer and the manufacturer,
distributor or factory branch; or
(2) an individual or panel selected by a process mutually agreeable to the
protesting dealer and the manufacturer, distributor or factory branch under the
terms of the franchise agreement between them.
(b) There is a standard for deciding such cases under the terms of the
dispute resolution process which allows a protesting dealer to include evidence
on impact upon the existing dealers in addition to any other factors expressly
or implicitly considered under the mechanism.
History: L. 1991, ch. 32, § 2;
L. 1994, ch. 302, § 9; July 1.
Article 24.--LICENSURE OF VEHICLE SALES AND MANUFACTURE
8-2431.Same; exemption for manufacturers with dispute resolution
procedures.
The provisions of K.S.A. 8-2430, and amendments thereto, shall not apply to
any proposed
establishment of an additional new motor vehicle dealer, including a
supplemental place of business, or relocation of an
existing new motor vehicle dealer, as the case may be, if a manufacturer,
distributor or factory
branch provides a dispute resolution mechanism for the establishment of an
additional new motor vehicle dealer or supplemental place of business or
for relocating a new motor vehicle
dealer which meets the following criteria:
(a) The decision makers under the dispute resolution mechanism shall either
be:
(1) Independent and not employed by, or affiliated with the manufacturer,
distributor, factory branch or dealers if there is no specific process reached
by prior agreement between the protesting dealer and the manufacturer,
distributor or factory branch; or
(2) an individual or panel selected by a process mutually agreeable to the
protesting dealer and the manufacturer, distributor or factory branch under the
terms of the franchise agreement between them.
(b) There is a standard for deciding such cases under the terms of the
dispute resolution process which allows a protesting dealer to include evidence
on impact upon the existing dealers in addition to any other factors expressly
or implicitly considered under the mechanism.
History: L. 1991, ch. 32, § 2;
L. 1994, ch. 302, § 9; July 1.
